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Flashcards in Chapter 1 Deck (69):
1

IS THE PROCESS OR MEANS BY WHICH THE SOVEREIGN, THROUGH ITS LAWMAKING BODY, RAISES INCOME TO DEFRAY THE NECESSARY EXPENSES OF THE GOVERNMENT

Taxation

2

THE THEORY THAT THE EXISTENCE OF GOVERNMENT IS A NECESSITY.

NECESSITY THEORY

3

THE THEORY THAT STATES THAT THERE ARE RECIPROCAL DUTIES OF PROTECTION AND SUPPORT BETWEEN THE STATE AND ITS INHABITANTS.

BENEFIT-RECEIVED THEORY

4

TAX MONEY COLLECTED FOR SPECIAL PURPOSE MUST BE APPLIED ONLY FOR THAT PURPOSE

NON-DIVERSION

5

TAX OF A FIXED AMOUNT IMPOSED ON INDIVIDUALS RESIDING WITHIN A SPECIFIED TERRITORY WITHOUT REGARD TO THEIR PROPERTY OR THE OCCUPATION IN WHICH THEY MAY BE ENGAGED

PERSONAL, POLL OR CAPITATION TAX
EXAMPLE: COMMUNITY TAX (FORMERLY RESIDENCE TAX) OR CEDULA.

6

TAX IMPOSED ON PROPERTY, WHETHER REAL OR PERSONAL, IN PROPORTION EITHER TO ITS VALUE OR WITH SOME OTHER REASONABLE METHOD OF APPORTIONMENT.

PROPERTY TAX
EXAMPLE: REAL ESTATE TAX

7

TAX IMPOSED UPON THE PERFORMANCE OF AN ACT, THE ENJOYMENT OF PRIVILEGE OR THE ENGAGING IN OCCUPATION.

EXCISE OR PRIVILEGE TAX
EXAMPLES: INCOME TAX, VALUE -ADDED TAX , PERCENTAGE TAX

8

TAX WHICH IS DEMANDED FROM THE PERSON WHO IS INTENDED TO PAY IT.

DIRECT TAX
EXAMPLES: COMMUNITY TAX, INCOME TAX

9

TAX WHICH THE TAXPAYER CAN SHIFT TO ANOTHER

INDIRECT TAX
EXAMPLES: BUSINESS TAXES, CUSTOMS DUTIES

10

TAX OF A FIXED AMOUNT IMPOSED BY HEAD OR NUMBER, OR BY SOME STANDARD OF WEIGHT OR MEASUREMENT.

SPECIFIC TAX
EXAMPLES: EXCISE TAXES ON DISTILLED SPIRITS, CIGARS, CIGARETTES

11

TAX OF A FIXED PROPORTION OF THE AMOUNT OR VALUE OF PROPERTY WITH RESPECT TO WHICH THE TAX IS ASSESSED.

AD VALOREM TAX
EXAMPLES: REAL ESTATE TAX, CUSTOMS DUTIES, INCOME TAX

12

TAX IMPOSED TO RAISE REVENUE FOR THE GOVERNMENT.

GENERAL, FISCAL OR REVENUE TAX
EXAMPLES: INCOME TAX, BUSINESS TAXES

13

TAX TO ACHIEVE SOME SOCIAL OR ECONOMIC ENDS IRRESPECTIVE OF WHETHER REVENUE IS ACTUALLY RAISED OR NOT.

SPECIAL OR REGULATORY TAX
EXAMPLES: PROTECTIVE TARIFFS ON IMPORTED GOODS

14

TAX IMPOSED BY NATIONAL GOVERNMENT.

NATIONAL TAX
EXAMPLES: NIRC-COVERED TAXES(INCOME TAX, DONOR’S TAX, VAT, ETC.)

15

TAX IMPOSED BY MUNICIPAL CORPORATIONS OR LOCAL GOVERNMENTS.

MUNICIPAL OR LOCAL TAX
EXAMPLES: TAX ON OCCUPATIONS, FLOOD TAX

16

TAX BASED ON A FIXED PERCENTAGE OF THE AMOUNT OF PROPERTY, INCOME OR OTHER BASIS TO BE TAXED.

PROPORTIONAL
EXAMPLES: REAL ESTATE TAX, VAT.

17

TAX THE RATE OF WHICH INCREASES AS THE TAX BASE INCREASES.

PROGRESSIVE OR GRADUATED TAX
EXAMPLES: INCOME TAX, ESTATE TAX, DONOR’S TAX

18

TAX THE RATE OF WHICH DECREASES AS TAX BASE INCREASES

REGRESSIVE TAX

19

A TAX ON ALL YEARLY PROFITS ARISING FROM PROPERTY, PROFESSIONS, TRADES OR OFFICES OR A TAX ON A PERSON’S INCOME, EMOLUMENTS, PROFITS AND THE LIKE.

INCOME TAX

20

PLACE OF TAXATION OR THE STATE OR POLITICAL UNIT W/C HAS JURISDICTION TO IMPOSE TAX OVER ITS INHABITANTS

SITUS OF TAXATION

21

THE POWER TO PROTECT CITIZENS AND PROVIDE FOR SAFETY AND WELFARE OF SOCIETY

POLICE POWER

22

THE POWER TO TAKE PRIVATE PROPERTY (WITH JUST COMPENSATION) FOR PUBLIC USE

EMINENT DOMAIN POWER

23

COURTEOUS RECOGNITION, FRIENDLY AGREEMENT, INTERACTION AND RESPECT ACCORDED BY ONE NATION TO THE LAWS AND INSTITUTIONS OF ANOTHER

INTERNATIONAL COMITY

24

NATURAL RESTRICTIONS TO SAFEGUARD AND ENSURE THAT THE POWER OF TAXATION SHALL BE EXERCISED BY THE GOVERNMENT ONLY FOR THE BETTERMENT OF THE PEOPLE WHOSE INTEREST S/B SERVED, ENHANCED AND PROTECTED

INHERENT LIMITATIONS

25

PROVISIONS OF THE CONSTITUTION THAT RESTRICT THE SUPREME, PLENARY, UNLIMITED AND COMPREHENSIVE EXERCISE BY THE STATE OF ITS INHERENT POWER TO TAX

CONSTITUTIONAL LIMITATIONS

26

ALL PERSONS SUBJECT TO LEGISLATION SHALL BE TRETED ALIKE UNDER SIMILAR CIRCUMSTANCES AND CONDITIONS BOTH IN THE PRIVILEGES CONFEREED AND LIABILITIES IMPOSED

EQUAL PROTECTION OF LAW

27

TAX OPERATES WITH THE SAME FORCE AND EFFECT IN EVERY PLACE WHERE THE SUBJECT MAY BE FOUND

UNIFORMITY RULE OF TAXATION

28

THE POWER TO VETO ITEMS IN APPROPRIATION BILLS WITHOUT AFFECTING OTHER PROVISIONS OF SUCH BILLS

ITEM VETO

29

THE POWER TO DISAPPROVE LEGISLATIVE ACT BY THE PRESIDENT WITH THE RESULT THAT BILLS SHALL FAIL TO BECOME LAWS

POCKET VETO

30

SPECIAL DUTY WHOSE PURPOSE IS TO OFFSET ANY FOREIGN DISCRIMINATION AGAINST OUT LOCAL COMMERCE

DISCRIMINATORY DUTY

31

IMPOSED TO OFFSET ANY FOREIGN SUBSIDY GRANTED TO IMPORTED GOODS TO THE PREJUDICE OF OUR LOCAL INDUSTRIES

COUNTERVAILING DUTY

32

ADDITIONAL DUTY TAX GENERALLY IMPOSED ON IMPORTED ARTICLES AND/OR CONTAINERS WITH IMPPROPER CLASSIFICATION

MARKING DUTY

33

ADDITIONAL DUTY TAXES IMPOSED ON IMPORTED GOODS WITH PRICES LESSER THAN THEIR FMV TO PROTECT LOCAL INDUSTRIES

DUMPING DUTY

34

A TAX BILL MUST ONLY BE APPLICABLE AND OPERATIVE AFTER BECOMING A LAW

PROSPECTIBILITY OF TAX LAWS

35

UNLESS OTHERWISE PROVIDED BY THE TAX LAW ITSELF, TAXES IN GENERAL ARE NOT CANCELLABLE

TAX IMPRESCRIPTIBILITY

36

ACT OF THE SOVEREIGN BY TAXING TWICE FOR THE SAME PURPOSE IN THE SAME YEAR UPON THE SAME PROPERTY OR ACTIVITY OF THE SAME PERSON

DOUBLE TAXATION

37

UNLAWFUL MEANS TO LESSEN THE PAYMENT OF TAX

TAX EVASION

38

REDUCING OR TOTALLY ESCAPING PAYMENT OF TAXES THROUGH LEGALLY PERMISSIBLE MEANS

TAX AVOIDANCE/TAX MINIMIZATION

39

CHOICE TO PAY LOWER TAX RATES IN SOME TRANSACTIONS AS PERMITTED BY TAX LAWS

TAX OPTION

40

TRANSFER OF TAX BURDEN TO ANOTHER

SHIFTING

41

THE PRODUCER ABSORBS THE PAYMENT OF TAX TO REDUCE PRICES AND TO MAINTAIN MARKET SHARE

TRANSFORMATION

42

GRANT OF IMMUNITY, EXPRESSED OR IMPLIED, TO A PARTICULAR PERSON, CORPORATION, OR TO PERSONS OR CORPORATIONS OF A PARTICULAR CLASS, FROM A TAX UPON PROPERTY OR AN EXCISE W/C PERSONS AND CORPORATIONS GENERALLY W/IN THE SAME TAXING DISTRICT ARE OBLIGED TO PAY

EXEMPTION FROM TAXATION

43

EXEMPTIONS THAT ARE STATUTORY LAWS IN NATURE AS PROVIDED BY CONSTITUTION, STATUTE, TREATIES, ORDINANCES, FRANCHISES OR SIMILAR LEGISLATIVE ACTS

EXPRESSED EXEMPTION

44

WHEN TAX IS IMPOSED ON A CERTAIN CLASS OF PERSONS, PROPERTIES OR TRANSACTIONS W/O MENTIONING OTHER CLASSES, THOSE NOT MENTIONED ARE DEEMED EXEMPTED

IMPLIED EXEMPTION OR BY OMISSION

45

THOSE LAWFULLY ENTERED INTO BY THE GOV’T IN CONTRACTS UNDER EXISTING LAWS

CONTRACTUAL EXEMPTION

46

A LAW DOCTRINE W/C STATES THAT A TAX CLAIM FOR REFUND, W/C IS PREVENTED BY PRESCRIPTION, MAY BE ALLOWED AS PAYMENT FOR UNSETTLED TAX LIABILITIES IF BOTH TAXES ARISE FROM THE SAME TRANSACTION IN W/C OVERPAYMENT IS MADE AND UNDERPAYMENT IS DUE

EQUITABLE RECOUPMENT

47

TAXES ARE NOT SUBJECT TO SET-OFF OR LEGAL COMPENSATION BECAUSE THE GOV’T AND THE TAXPAYER ARE NOT MUTUAL CREDITOR AND DEBTOR OF EACH OTHER

DOCTRINE OF SET-OFF TAXES

48

ANY SANCTION IMPOSED, AS A PUNISHMENT FOR VIOLATIONS OF LAW OR ACTS DEEMED INJURIOUS

PENALTY

49

ALL FUNDS OR INCOME DERIVED BY THE GOV’T

REVENUE

50

AN OBLIGATION TO PAY OR RENDER SERVICE FOR A DEFINITE FUTURE PERIOD OF TIME BASED ON CONTRACT

DEBT

51

COMPENSATION FOR USE OF SOMEBODY ELSE’S PROPERTY DETERMINED BY THE COST OF THE IMPROVEMENT

TOLL

52

CONTRIBUTION BY THE GOV’T PRIMARILY TO RESTRAIN AND REGULATE BUSINESS OR OCCUPATION

LICENSE FEE

53

IMPOSITION ON IMPORTED GOODS TO PROTECT LOCAL INDUSTRY

CUSTOMS DUTIES

54

SCHEDULE OR LIST OF RATES, DUTIES OR TAXES IMPOSED ON IMPORTED GOODS

TARIFF

55

MONETARY AID DIRECTLY GRANTED OR GIVEN BY THE GOV’T TO AN INDIVIDUAL OR PRIVATE COMMERCIAL ENTERPRISES DEEMED BENEFICIAL TO THE PUBLIC

SUBSIDY

56

TAX ON FOREIGN EXCHANGE DESIGNED TO CURB THE EXCESSIVE DEMANDS ON OUR INT’L RESERVES

MARGIN FEE

57

AN AMOUNT COLLECTED BY THE GOV’T FOR THE PURPOSE OF REIMBURSING ITSELF FOR CERTAIN EXTENDED BENEFITS REGARDING CONSTRUCTION OF PUBLIC WORKS

SPECIAL ASSESSMENT

58

BODY OF LAWS W/C CODIFIES ALL NATIONAL TAX LAWS INCLUDING INCOME, ESTATE, GIFT, EXCISE, STAMP AND OTHER TAXES

TAX LAW

59

INCLUDES ALL LAWS LEGISLATED PERTAINING TO THE NAT’L GOV’T TAXES, W/C IS EMBODIED IN THE NIRC

INTERNAL REVENUE LAW

60

TAXES IMPOSED BY THE LEGISLATIVE BODY OTHER THAN CUSTOMS DUTIES ON IMPORTS

INTERNAL REVENUE TAXES

61

TAX LAWS S/B INTERPRETED W/ REFERENCE TO OTHER TAX LEGISLATIONS AND THEIR EFFECT AS A WHOLE MAY BE GIVEN CONSIDERATION

PRINCIPLE OF “PARI MATERIA”

62

LAWS ENACTED AND ESTABLISHED BY THE WILL OF THE LEGISLATIVE DEPT. OF THE GOV’T

STATUTES

63

REGULATIONS ISSUED BY THE PRESIDENT OR SOME ADMINISTRATIVE AUTHORITY UNDER HIS DIRECTION FOR THE PURPOSE OF INTERPRETING, IMPLEMENTING, OR GIVING ADMINISTRATIVE EFFECT TO A PROVISION OF THE CONSTITUTION OR SOME LAW OR TREATY

EXECUTIVE ORDERS

64

INTERNATIONAL AGREEMENTS W/ FOREIGN COUNTRIES REGARDING TAX ENFORCEMENT AND EXEMPTIONS

TAX TREATIES AND CONVENTIONS

65

RULES OR ORDERS HAVING FORCE OF LAW ISSUED BY EXECUTIVE AUTHORITY OF THE GOV’T TO ENSURE UNIFORM APPLICATION OF THE TAX LAW

REVENUE REGULATIONS

66

ADMINISTRATIVE RULINGS AND OPINIONS W/C ARE LESS GENERAL INTERPRETATIONS OF TAX LAWS BEING ISSUED FROM TIME TO TIME BY BIR COMMISSIONER OR BOC COMMISSIONER

REVENUE MEMORANDUM CIRCULARS

67

EXPRESSED OFFICIAL INTERPRETATION OF THE TAX LAWS AS APPLIED TO SPECIFIC TRANSACTIONS

BIR RULINGS

68

DECISIONS FOR APPLICATION MADE CONCERNING TAX ISSUES BY THE PROPER COURTS EXERCISING JUDICIAL AUTHORITY OF COMPETENT JURISDICTION

JUDICIAL DECISIONS

69

TAX ORDINANCES ISSUED BY THE PROVINCE, CITY, MUNICIPALITY AND BARANGAY SUBJECT TO SUCH LIMITATIONS AS PROVIDED BY THE LG CODE AND REAL PROPERTY TAX CODE

LOCAL TAX ORDINANCES